Native Title & History

Yawuru people have occupied and managed the lands and seas in and around Broome since the Bugarrigarra (the time before time). In 2006 the Federal Court determined that the Yawuru people are the native title holders of approximately 530,000 hectares of traditional Yawuru country.

The recognition of Yawuru’s Native Title was a significant event and a major milestone for the Yawuru community. It was also a significant moment in Native Title for Australia and Yawuru continues to be seen as a leading native title organisation with strong governance and strategic direction.

The Federal Court judgement recognised that the “source of the Yawuru community’s traditional laws and customs … is the Bugarrigarra”. The court considered evidence about Yawuru traditional laws and customs relating to rai, the Yawuru language, the skin section system, kinship, malinyanu laws and customs, traditional stories, bush names, hunting, bush foods, looking after Country, speaking for Country, increase sites and permission requirements. The Court said that “when considered cumulatively, the evidence in relation to those matters demonstrated that the present Yawuru community still acknowledges and observes the traditional laws and customs which, since sovereignty, have constituted the normative system under which the native title rights and interests in issue are being claimed.” (Rubibi Community v State of Western Australia (No 6) [2006] FCA 82 – Case Summary).

Following the Yawuru native title determinations, Yawuru negotiated the Yawuru Agreements with the Western Australian Government. The Yawuru Agreements include two Indigenous Land Use Agreements (ILUAs) – The Yawuru Area Agreement and the Yawuru Prescribed Body Corporate Agreement, registered by the National Native Title Tribunal on 6 August 2010. The signatories to the Agreements are the State of Western Australia, the Shire of Broome and the Yawuru Native Title Holders Aboriginal Corporation.

These Agreement provides an opportunity for Yawuru to influence the values-driven development of Broome, where Yawuru have opportunities and can continue to safeguard Yawuru culture, way of life and strengthen our identity. The Yawuru Agreements also established conservation areas (link to page in Country section where these are mentioned) and a jointly managed Nagulagun Roebuck Bay Marine Park. The Agreement package included land for future developments by Yawuru, and some financial benefits to facilitate the Yawuru Corporation and community development programs.

1994First native title claim lodged with the National Native Title Tribunal on behalf of Yawuru people

1998 The Rubibi claimants and a claim lodged by Leregon over Kunin lawground sit down to try and come to agreement about native title.

19998 different claims combined in to a single application

2001The Federal Court makes a decision that recognises native title over Kunin lawground.(Rubibi Community v Western Australia 114 FCR 523)It was hoped that the State would accept this determination as proof for the larger claim and that the final outcome for the larger claim could be by agreement.

2002Mediation between the parties to reach an agreement.

2004The larger native title claim (2,934 kilometres squared) is advertised, so that any person who may have an interest is notified and can respond.

2005Mediation ends and the claim is brought back to the Court for the judge to make a decision.

2006On 28 April Justice Merkel from the Federal Court makes his decision. The judge decides that Yawuru have maintained their law and customs from the time of Bugarrigarra and that the common law of Australia now recognises these rights.(Rubibi Community v Western Australia (No 6))

2008 appeal by State of Western Australia to the Full Court of the Federal Court against the determination.(Western Australia v Sebastian FCAFC 65) Yawuru native title holders choose the Yawuru Native Title Holders Aboriginal Corporation to be the corporation that holds the native title rights on trust for them.